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Railways Act 1993, Section 67 is up to date with all changes known to be in force on or before 11 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F3(2)The functions to which subsection (2A) below applies shall be concurrent functions of the Regulator and the OFT.
(2A)This subsection applies to the functions of the OFT under Part 4 of the Enterprise Act 2002 (other than sections 166 and 171) so far as relating to the supply of services relating to railways.
(2B)So far as necessary for the purposes of, or in connection with, subsections (2) and (2A) above, references in Part 4 of the Act of 2002 to the OFT (including references in provisions of that Act applied by that Part) shall be construed as including references to the Regulator (except in sections 166 and 171 of that Act and in any other provision of that Act where the context otherwise requires).]
[F4(3)The Regulator shall be entitled to exercise, concurrently with [F5the OFT], the functions of [F5the OFT] under the provisions of Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51), so far as relating to—
(a)agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act, or
(b)conduct of the kind mentioned in section 18(1) of that Act,
which relate to the supply of [F6services relating to railways].
[F7(3ZA)In [F8subsections (2A) and (3)] above “services relating to railways” means—
(a)railway services;
(b)the provision or maintenance of rolling stock;
(c)the development, maintenance or renewal of a network, station or light maintenance depot; and
(d)the development, provision or maintenance of information systems designed wholly or mainly for facilitating the provision of railway services.
(3ZB)The Secretary of State may by order amend subsection (3ZA) above; and an order under this subsection shall not be made unless a draft of the statutory instrument containing it has been laid before and approved by a resolution of each House of Parliament.]
(3A)So far as necessary for the purposes of, or in connection with, the provisions of subsection (3) above, references in Part I of the Competition Act 1998 to [F5the OFT] are to be read as including a reference to the Regulator (except in sections 38(1) to (6), 51, 52(6) and (8) and 54 of that Act and in any other provision of that Act where the context otherwise requires).]
[(4)F9Before the OFT or the Regulator first exercises in relation to any matter functions which are exercisable concurrently by virtue of subsection (2) above, that person shall consult the other.
(4A)Neither the OFT nor the Regulator shall exercise in relation to any matter functions which are exercisable concurrently by virtue of subsection (2) above if functions which are so exercisable have been exercised in relation to that matter by the other.]
(5)It shall be the duty of the Regulator, for the purpose of assisting the [F10Competition Commission] in carrying out an investigation on a reference falling within subsection (6) below, to give to the Commission—
(a)any information which is in his possession and which relates to matters falling within the scope of the investigation and—
(i)is requested by the Commission for that purpose; or
(ii)is information which in his opinion it would be appropriate for that purpose to give to the Commission without any such request; and
(b)any other assistance which the Commission may require and which it is within his power to give, in relation to any such matters;
and the Commission shall, for the purposes of carrying out any such investigation, take into account any information given to them for that purpose under this subsection.
(6)The references which fall within this subsection are—
(a)any reference made to the [F10Competition Commission]by the Regulator by virtue of subsection (2) [F11or (3)] above; and
(b)any reference made to the Commission by the Secretary of State under section 11 of the 1980 Act, if the person who is the subject of the reference is—
(i)the [F12authority] or a wholly owned subsidiary of the [F12authority], or
(ii)a publicly owned railway company which supplies network services or station services.
(7)A copy of any report of the [F10 Competition Commission][F13under section 136 or 142 of the Enterprise Act 2002] which relates to [F14the supply of services relating to railways] may be transmitted by the Commission to the Regulator, notwithstanding that the reference F15. . . could not have been made by [F16the Regulator].
(8)If any question arises [F17in any particular case as to the jurisdiction of the Regulator under any of the provisions mentioned in] subsection [F18(2A)] or (3) above F19. . . . F20. ., that question shall be referred to and determined by the Secretary of State; and no objection shall be taken to anything done under—
(a)[F21Part 4 of the Enterprise Act 2002], or
[F22(b)Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51),]
by or in relation to the Regulator on the ground that it should have been done by or in relation to [F5the OFT].
[F23(9)Section 117 of the Enterprise Act 2002 (offences of supplying false or misleading information) as applied by section 180 of that Act shall have effect so far as relating to functions exercisable by the Regulator by virtue of subsection (2) above as if the references in section 117(1)(a) and (2) to the OFT included references to the Regulator.]
(10)F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 67: word in sidenote substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 30(9)(c); S.I 2003/766, {art. 2}, Sch. (with transitional and transitory provision in art. 3)
F2S. 67(1) repealed (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 30(9)(a), Sch. 26; S.I 2003/766, {art. 2}, Sch. (with transitional and transitory provision in art. 3)
F3S. 67(2)-(2B) substituted (20.6.2003) by 2002 c. 40, ss. 86(5), 164(2), 168(9), 279, Sch. 9 Pt. 2 para. 21(2); S.I. 2003/1397, art. 2(1), Sch.
F4S. 67(3)(3A) substituted (26.11.1998 for specified purposes and otherwise 1.3.2000) for s. 67(3) by 1998 c. 41, s. 66(5), Sch. 10 Pt. II para. 6(5) (with s. 73); S.I. 1998/2750, art. 2; S.I. 2000/344, art. 2, Sch.
F5Words in s. 67(3)(3A)(8) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 30(9)(b); S.I 2003/766, {art. 2}, Sch. (with transitional and transitory provision in art. 3)
F6Words in s. 67(3) substituted (1.2.2001) by 2000 c. 38, s. 243(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)
F7S. 67(3ZA)(3ZB) inserted (1.2.2001) by 2000 c. 38, s. 243(3); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)
F8Words in s. 67(3ZA) substituted (20.6.2003) by 2002 c. 40, ss. 86(5), 164(2), 168(9), 279, Sch. 9 para. 21(3); S.I. 2003/1397, art. 2, Sch.
F9S. 67(4)(4A) substituted (20.6.2003) by 2002 c. 40, ss. 86(5), 164(2), 168(9), 279, Sch. 9 para. 21(4); S.I. 2003/1397, art. 2(1), Sch.
F10Words in s. 67(5)(6)(a)(7)(9) substituted (1.4.1999) by S.I. 1999/506, s. 33(b)
F11Words in s. 67(6)(a) repealed by 1998 c. 41, ss. 66(5), 74(3), Sch. 10 Pt. II para. 6(7), Sch. 14 Pt. I (with s. 73) (which repeal was brought into force at 26.11.1998 in so far as words in s. 67(6)(a) omitted for specified purposes by virtue of Sch. 10 Pt. II para. 6(7) of the repealing Act by S.I. 1998/2750, art. 2 and was brought wholly into force at 1.3.2000 by S.I. 2000/344, art. 2, Sch)
F12Word in s. 67(6)(b) substituted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 35; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)
F13Words in s. 67(7) substituted (20.6.2003) by 2002 c. 40, ss. 86(5), 164(2), 168(9), 279, Sch. 9 para. 21(5)(a); S.I. 2003/1397, art. 2(1), Sch.
F14Words in s. 67(7) substituted (20.6.2003) by The Enterprise Act 2002 (Consequential and Supplemental Provisions) Order 2003 (S.I. 2003/1398), art. 2, Sch. para. 21(3)
F15Words in s. 67(7) repealed (20.6.2003) by 2002 c. 40, ss. 86(5), 164(2), 168(9), 278, 279, Sch. 9 para. 21(5)(b), Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 10)
F16Word in s. 67(7) substituted (20.6.2003) by 2002 c. 40, ss. 86(5), 164(2), 168(9), 278, 279, Sch. 9 para. 21(5)(c); S.I. 2003/1397, art. 2, Sch.
F17Words in s. 67(8) substituted (3.1.1995) by 1994 c. 40, ss. 12(7), 82(2), Sch. 4 para. 4
F18Word in s. 67(8) substituted (20.6.2003) by 2002 c. 40, ss. 86(5), 164(2), 168(9), 279, Sch. 9 para. 21(6)(a); S.I. 2003/1397, art. 2(1), Sch.
F19Words in s. 67(8) repealed (20.6.2003) by 2002 c. 40, ss. 86(5), 164(2), 168(9), 278, 279, Sch. 9 para. 21(6)(b), Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 10)
F20Words in s. 67(8) repealed (3.1.1995) by 1994 c. 40, s. 12(7), 81(1), Sch. 4 para. 4, Sch. 17
F21Words in s. 67(8) substituted (20.6.2003) by 2002 c. 40, ss. 86(5), 164(2), 168(9), 279, Sch. 9 para. 21(6)(c); S.I. 2003/1397, art. 2(1), Sch.
F22S. 67(8)(b) substituted (26.11.1998 for specified purposes and otherwise 1.3.2000) by 1998 c. 41, ss. 66(5), 76(3), Sch. 10 Pt. II para. 6(8) (with s. 73); S.I. 1998/2750, art. 2; S.I. 2000/344, art. 2, Sch.
F23S. 67(9) substituted (20.6.2003) by 2002 c. 40, ss. 86(5), 164(2), 168(9), 278, 279, Sch. 9 para. 21(9); S.I 2003/1397, {art. 2(1)}, Sch.
F24S. 67(10) repealed (20.6.2003) by 2002 c. 40, ss. 86(5), 164(2), 168(9), 278, 279, Sch. 9 para. 21(8), Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 10)
Modifications etc. (not altering text)
C1S. 67(1) restricted (18.12.1996) by 1996 c. 61, s. 22(1)
C2S. 67(2) applied (3.1.1995) by 1994 c. 40, s. 7(2), Sch. 2 para. 11(2)
C3S. 67(4) restricted (18.12.1996) by 1996 c. 61, s. 22(4)
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